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Simple and Qualified Situations, Complaints and Conciliation within the Scope of Articles 86-88 of the Turkish Penal Code. This guide has been prepared as of 2026, based on the Turkish Penal Code and the current acceptances of the Supreme Court.
Summary Intentional wounding is regulated between Articles 86 and 88 of the Turkish Penal Code and is subject to very different penalty ranges depending on the severity of the wound, the tool used and the identity of the victim. Injury that can be resolved with simple medical intervention requires imprisonment from 4 months to 1 year or a judicial fine, while serious injury requires imprisonment from 1 year to 3 years.
In cases of injury committed with a weapon against a spouse or a public official, the penalty is increased by half without any complaint and reconciliation is not applied. In cases of injury resulting in permanent disability or death, the penalty increases many times.
"We made peace, will the case be over if we withdraw the complaint?" The Answer to the Question Varies Depending on the Situation: The most frequently asked question after a fight is whether the case will be closed automatically if the parties reconcile. The answer depends entirely on the severity of the injury and how it was committed. In some cases, withdrawing the complaint actually ends the case, while in others, the will of the victim has no consequences.
In this guide, the definition of the crime of intentional injury, its simple and qualified forms, aggravated injury due to its consequence, complaint and reconciliation rules are discussed.
What is the Crime of Intentional Injury? By legal definition, intentional injury is any unlawful act that causes pain to another person's body or causes deterioration of his health or perception ability. The legislator considers the protected interest under three headings: causing pain to the body (a physical blow such as slapping or kicking), deterioration of health (causing an anatomical or mental disorder) and deterioration of the ability to perceive (temporarily or permanently impairing consciousness or the ability to think logically, for example, knocking out by drinking excessive amounts of alcohol).
Difference Between Simple Injury and Serious Injury The first stage that determines the punishment the defendant will receive is the forensic report received from the Forensic Medicine Institute or a full-fledged hospital. If the injury is of such a size that it cannot be healed with a simple dressing or first aid, the basic form of the crime occurs and a prison sentence of 1 to 3 years is imposed in accordance with the first paragraph of Article 86 of the Turkish Penal Code; This crime is not subject to complaint.
If the effect of the injury is so mild that it can be eliminated with a simple medical intervention, the penalty in accordance with the second paragraph of the same article is imprisonment from 4 months to 1 year or a judicial fine. This is an optional punishment; Depending on the situation, the judge may impose a fine instead of imprisonment. For example, if the slight redness resulting from a punch thrown during a parking lot argument is evaluated in the doctor's report as being remediable with simple medical intervention, this paragraph applies.
Qualified Circumstances That Increase the Punishment: Since the way the injury is committed or the person targeted increases the social danger, the third paragraph of Article 86 of the Turkish Penal Code stipulates that the penalty should be increased by half, without the requirement for a complaint. These situations are as follows: Committed against ancestor, descendant, spouse, divorced spouse or sibling.
It is committed against a person who cannot defend himself physically or mentally (child, elderly, disabled, bedridden patient). It is committed against a public official (such as a police officer, doctor, teacher) due to his/her duty. Handling with a gun. The concept of weapon in criminal law is not just a gun or a knife; Anything that can be used in attack and defense (stones, sticks, belt buckles, broken glass) is considered a weapon.
The fact that the victim is a woman also has a special effect: if an injury that can be remedied with simple medical intervention is committed against a woman, the lower limit of the sentence cannot be less than 6 months.
Aggravated Injury by Consequence: The perpetrator may have acted with the intention of injuring someone, but the victim may have suffered much more severe and permanent damage than he had anticipated. Article 87 of the Turkish Penal Code also regulates these situations.
If the victim experiences consequences such as permanent weakening of the function of a sense or organ, permanent disruption in speech, permanent scarring on the face, or premature birth of a pregnant woman's child, the basic penalty is increased by one. The penalty is doubled in case of contracting an incurable disease, complete loss of function of a sense or organ (for example, blindness in one eye), a face that is unrecognizable, or a pregnant woman miscarrying her child. If the injury causes a bone fracture or dislocation, the penalty is increased by half, depending on the impact of the fracture on life functions.
If the victim dies as a result of intentional wounding and it is proven that the perpetrator did not intend to kill, the crime is not considered intentional murder but "causing death as a result of injury". The penalty for this crime is imprisonment from 8 to 16 years, depending on the way it is committed, and from 12 to 18 years in qualified cases.
If the Complaint is Dropped, Will the Case Be Dropped? The rule is based on a clear distinction. If there are injuries that can only be remedied with simple medical intervention (Turkish Penal Code Art. 86/2) and there are no qualified situations (weapons, against the officer, against the spouse, etc.), the case is dismissed when the victim gives up the complaint. The complaint period is 6 months from the incident.
On the other hand, if the injury is of a magnitude that cannot be resolved with simple medical intervention, or even if it is simple, if it is committed with a gun, against a woman, against a public official or against a relative, the crime is a public case. Even if the victim states that he is not complaining, the case will not be dismissed; The prosecutor's office completes the investigation and the court imposes the sentence.
Simple injury crimes that are subject to complaint are sent to the conciliation office; If the parties reach an agreement, the case is closed. However, wounding with a gun or intentional injury committed against a woman is outside the scope of reconciliation as per the law, even if it can be resolved with simple medical intervention.
Nature of the Injury Penalty Complaint / Reconciliation Simple injury (can be resolved with BTM) 4 months - 1 year imprisonment or judicial fine Subject to complaint, dropped if withdrawn. The penalty is subject to compromise. Simple injury against a woman. Imprisonment with a lower limit starting from 6 months. It is not subject to complaint and does not fall. There is no compromise.
Qualified simple injury (with a gun, to the spouse, the penalty subject to complaint is not subject to complaint, does not fall. Settlement against the officer) is increased by half. Basic injury (that cannot be resolved by BTM) 1-3 years imprisonment It is not subject to complaint, it continues as a public case.
Causing a bone fracture. Half the proportion according to the weight of the fracture is followed ex officio. Death as a result of injury is not 8-16 years of imprisonment (in qualified cases, 12-18 years, subject to complaint by the High Criminal Court).
Summary of the Incident Hakan, who got angry during the fight over traffic, got out of his vehicle and hit the other driver Aylin's arm with the hard plastic flashlight in his hand, causing a bruise.
Legal Evaluation: A plastic flashlight is considered a weapon by the court because it is a tool capable of causing injury. The victim is a woman
Even if the injury can be resolved with simple medical intervention, Hakan will be tried with an increase of half over the base sentence of at least 6 months, even if Aylin gives up her complaint; Compromise is also not applicable.
If the other party attacks first in a fight, will my sentence be reduced? Penalty reduction is possible for acts committed under unfair provocation. However, in order for this discount to be applied, the gravity, timing and proportionality of the provocation must be concretely demonstrated; This evaluation is made together with the forensic report and witness statements.
Is the claim of self-defense valid in every injury case? No. Self-defense requires a proportionate and necessary response to repel the attack. Fighting back or using disproportionate force after the attack has ended invalidates this defense.
Ignoring the content of the forensic report: Whether or not the injury can be resolved with simple medical intervention is the most critical element that determines whether the case is subject to complaint; Failure to object to the report in a timely manner may result in irreparable consequences.
Narrow interpretation of the concept of "weapon": Not knowing that everyday items such as stones, sticks or broken glass can also be considered weapons can lead to an unexpected increase in the punishment.
Conclusion: In intentional injury trials, the content of the forensic medical report, whether the incident falls within the limits of self-defense and whether the unfair provocation discount will be applied are the most vital factors that determine the course of the case. A technical mistake made by the defense may cause the person to face a much more serious accusation that he does not deserve.
Important Legal Notice: The legal explanations and case studies in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. Since the unique circumstances of each case may change the outcome, it is recommended to seek legal support from a criminal lawyer starting from the investigation stage. © 2026 Küheylan Law Firm. All rights reserved.
Author: Av. Mert Deniz Küheylan Küheylan Law Firm — Burhaniye Mh. Neşetbey Sk. No:12/5 Floor:5 Flat:3 Üsküdar/İstanbul — info@kuheylan.av.tr — kuheylanhukuk.com
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